REGENT COMPUTRONICS PVT. LTD.

THOMMAN MATHAI Appellant

V/S

ITTUNDAN KUNJUKOCHU Respondents

Referred Judgements :-

S. APPANNA V. M.APPANNA [REFERRED TO]
VELU PADAYACHI V. ARUMUGAM PILLAI [REFERRED TO]
KUMARA GOUNDAN V. THEVARAYA REDDI [REFERRED TO]
Makkena Chimpiramma VS. Pabbisetty Subrahmanyam [REFERRED TO]
SAROJINI BAI VS. KRISHNA PILLAI [REFERRED TO]
KOLAPPA PILLAI VS. KRISHNA PILLAI [REFERRED TO]
THYCATTUSERI CHURCH VS. SICILLYAMMA [REFERRED TO]
MT BIBI UMATUL RASUL VS. MTLAKHO KUER [REFERRED TO]

JUDGEMENT

(1.) This Second Appeal has arisen in a claim suit under O.21 R.63, CPC.

(2.) The facts are as follows:

(3.) Counsel for the appellant contends that, on the findings entered by the courts below, the attachment levied under R.43 of O.21 CPC. has to be lifted and an attachment under R.47 of O.21 has to be levied afresh, if the defendant wants to proceed against the goods. Counsel for the respondent submits that a finding of coownership in the claimant does not necessitate a total release of the goods from attachment and also that the claim suit to which the judgment debtor has not been made a party is not maintainable in law.

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THOMMAN MATHAI Vs. ITTUNDAN KUNJUKOCHU

Referred Judgements :-

JUDGEMENT

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